HBA-KDB C.S.H.B. 3590 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3590
By: Hunter
Higher Education
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The National Geographic Society (society) has offered to establish an
endowment fund to support geography education in Texas.  While the society
maintains control of the endowment, an advisory committee for each state is
established to make funding recommendations.  C.S.H.B. 3590 establishes the
Texas Fund for Geography Education under the auspices of the Texas Higher
Education Coordinating Board and creates a seven-member advisory committee
to propose funding recommendations that would support geographic education
programs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 3590 amends the Education Code to establish the Texas Fund for
Geography Education(fund). The purpose of the fund is to create an
endowment to support geographic education programs in Texas, improve the
quality of geography education in Texas, and promote a better understanding
of Texas by all of its citizens.  The bill authorizes the Texas Higher
Education Coordinating Board (board) to enter into an agreement with the
National Geographic Society  of Washington D.C. (society) to operate the
fund.  The bill provides that the agreement must include the following
conditions: appropriated money is authorized to be deposited to the fund
only in an amount equal to matching funds deposited to the fund by the
society from other sources; the society is required to provide to the board
an annual report describing the fund's investments, earnings, operating
procedures, and major programs; and in the event that the board determines
that the public purposes are not being accomplished, the fund is required
to be dissolved.  If the fund is dissolved, the bill requires one-half of
the fund balance to be distributed to the general revenue fund and the
remainder of the fund balance to be returned to the donors of any amount
deposited to the fund for the preceding five years in proportion to the
amount of the donation, if the donor accepts the return of the donation.
Any remainder of the fund balance is required to go to the society.  The
bill authorizes the board to transfer to the society for deposit to the
fund any amounts appropriated to the board for that purpose.  The bill
requires the society to award grants from the fund to the institutions of
higher education to promote the purposes of the fund.   

The bill requires the board to appoint an advisory committee consisting of
seven persons who have expertise and an interest in geography education to
assist the society in awarding grants from the fund.  The bill requires the
advisory committee on behalf of the society to solicit proposals from
institutions of higher education for use of  proceeds from the fund and  to
recommend to the board those that best meet the purposes of the fund.  The
advisory committee is subject to provisions relating to state agency
advisory committees.  The bill requires the board, not later than December
1 of each even-numbered year, to report to the governor and the legislature
the value of the fund and the membership of the advisory committee, a
summary of each project supported by a grant of the fund during the
preceding state fiscal biennium, and other information the board considers
appropriate. 

 EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3590 modifies the original bill by renaming the National
Geographic Society Texas Fund  as the Texas Fund for Geography Education
(fund).  The substitute modifies the original by requiring one-half of the
fund balance, if the fund is dissolved, to be distributed to the general
revenue fund and the remainder of the fund balance to be returned to the
donors of any amount deposited to the fund for the preceding five years in
proportion to the amount of the donation, if the donor accepts the return
of the donation. The substitute requires any remainder of the fund balance
to go to the National Geographic Society (society).  The substitute adds
new language to require the society to award grants from the fund to
institutions of higher education to promote the purposes of the fund.  The
substitute modifies the reporting requirements to include a summary of each
supported project during the preceding, instead of the current, fiscal
biennium.  The substitute modifies the effective date from September 1,
2001, if funds are appropriated for the fund by the legislature, to on
passage, or if the Act does not receive the necessary vote, the Act takes
effect September 1, 2001.  The substitute conforms the original to Texas
Legislative Council style and format.